SCHEDULE 4Amendments consequent upon the commencement of section 5(1) of the Professional Qualifications Act 2022 and revoking other EU recognition law

PART 2Amendments in respect of professions in transport

Amendments to the Road Traffic (Northern Ireland) Order 2007I16

1

The Road Traffic (Northern Ireland) Order 2007 is amended as follows.

2

In Article 2(2) (interpretation), omit the definition of “the Regulations of 2015”.

3

In Article 48 (requirement of registration)—

a

for paragraph (1), substitute—

1

A person—

a

must not give paid driving instruction of any prescribed description unless he is registered in respect of the giving of that description of driving instruction; and

b

must not carry on a business in the provision of paid driving instruction of any prescribed description unless he is registered in respect of the carrying on of business in the provision of that description of driving instruction.

b

omit paragraph (1A);

c

in paragraph (7), omit “Part 1 or 2 of”.

4

In Article 49 (paid driving instruction: offences)—

a

in paragraph (1), for “48(1)”, substitute “48(1)(a)”;

b

in paragraph (2), for “48(1A)”, substitute “48(1)(b)”;

c

in paragraph (3), omit “in the appropriate part of the register”;

d

omit paragraph (5).

5

In Article 51 (register), omit paragraphs (1A) to (1C).

6

In Article 52 (conditions of registration)—

a

in paragraph (1)—

i

omit “in Part 1 of the register”;

ii

omit “in that Part”;

b

in paragraph (2), omit “in Part 1 of the register”.

7

In Article 55 (duration of registration)—

a

in paragraph (1), omit “in Part 1 of the register”;

b

in paragraph (3), omit “in Part 1 of the register”;

c

in paragraph (4), omit “in Part 1 of the register”;

d

omit paragraphs (6) to (8).

8

In Article 56 (extension of duration of registration)—

a

in paragraph (1), omit “in Part 1 of the register”;

b

in paragraph (4), omit “in Part 1 of the register”;

c

in paragraph (6), omit “in Part 1 of the register”.

9

In Article 57 (termination of registration by Registrar)—

a

in paragraph (1)—

i

insert “or” at the end of sub-paragraph (a);

ii

omit sub-paragraphs (c) and (d);

b

in paragraph (3)—

i

omit “or renewed”;

ii

omit “or renewal”.

10

In Article 58(1) (cases where Registrar may give direction as to further applications), omit “, in respect of Part 1 of the register,”.

11

In Article 59 (appeals to the Department)—

a

in paragraph (1)(a)(ii), omit “or renewal”;

b

in paragraph (6), omit “in Part 1 of the register”;

c

in paragraph (11), omit “or renewal”.

12

In Article 60 (appeals to court of summary jurisdiction)—

a

in paragraph (1)(a), omit “or renewal”;

b

in paragraph (3), omit “in Part 1 of the register,”.

13

In Article 69(1) (power to alter registration period), omit “, in respect of Part 1 of the register,”.

14

In Article 70 (evidence of registration)—

a

for paragraph (2), substitute—

2

If at any time a person who is not registered—

a

displays a certificate or other item prescribed under paragraph (1);

b

uses a title or other description prescribed under paragraph (1)(b); or

c

uses a title, certificate or other description implying that he is registered,

he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time.

b

in paragraph (3)—

i

in sub-paragraph (a), omit “for use by other persons registered in either Part of the register”;

ii

after sub-paragraph (a), insert “or”;

iii

omit sub-paragraph (c) and the “or” preceding it.